Common use of Event of Loss; Replacement; Optional Redemption Clause in Contracts

Event of Loss; Replacement; Optional Redemption. Except as otherwise provided in Section 3.03 hereof, any payments received by the Mortgagee (i) pursuant to Section 2.09 hereof with respect to the Airframe as the result of an Event of Loss or (ii) pursuant to an optional redemption of the Equipment Notes pursuant to Section 2.10 hereof shall be applied to redemption of the Equipment Notes and to all other Secured Obligations and Related Secured Obligations by applying such funds in the following order of priority: First, (a) to reimburse the Mortgagee and the Note Holders for any reasonable costs or expenses incurred in connection with such redemption for which they are entitled to reimbursement, or indemnity by Owner, under the Operative Agreements and then (b) to pay any other amounts then due (except as provided in clause “Second” below) to the Mortgagee, the Note Holders and the other Indenture Indemnitees under this Trust Indenture (other than the amounts specified in clause “Second” below), the Participation Agreement or the Equipment Notes; Second, to pay the amounts specified in clause ”Third” of Section 3.03 hereof in the order of payment set forth therein (including in the case of a redemption pursuant to Section 2.10 hereof, Prepayment Premium, if any); Third, as provided in clause ”Fourth” of Section 3.03 hereof; and Fourth, as provided in clause ”Sixth” of Section 3.03 hereof.

Appears in 1 contract

Samples: Trust Indenture and Mortgage (Jetblue Airways Corp)

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Event of Loss; Replacement; Optional Redemption. Except as otherwise provided in Section 3.03 hereof, any payments received by the Mortgagee (i) pursuant to Section 2.09 hereof with respect to the Airframe as the result of an Event of Loss or (ii) pursuant to an optional redemption of the Equipment Notes pursuant to Section 2.10 hereof shall be applied to redemption of the Equipment Notes and to all other Secured Obligations and Related Secured Obligations by applying such funds in the following order of priority: First, (a) to reimburse the Mortgagee and the Note Holders for any reasonable costs or expenses incurred in connection with such redemption for which they are entitled to reimbursement, or indemnity by Owner, under the Operative Agreements and then (b) to pay any other amounts then due (except as provided in clause “Second” below) to the Mortgagee, the Note Holders and the other Indenture Indemnitees under this Trust Indenture (other than the amounts specified in clause “Second” below), the Participation Agreement or the Equipment Notes; Second, (i) to pay the amounts specified in clause ”Third” of Section 3.03 hereof in the order of payment set forth therein therein; Third, as provided in clause ”Fourth” of Section 3.03 hereof (including in the case of a redemption pursuant to Section 2.10 hereof, Prepayment Premium, if any); Third, as provided in clause ”Fourth” of Section 3.03 hereof; and Fourth, as provided in clause ”Sixth” of Section 3.03 hereof.

Appears in 1 contract

Samples: Trust Indenture and Mortgage (Jetblue Airways Corp)

Event of Loss; Replacement; Optional Redemption. Except as otherwise provided in Section 3.03 hereof, any payments received by the Mortgagee (i) pursuant to Section 2.09 hereof with respect to the Airframe or the Airframe and one or more Engines as the result of an Event of Loss or (ii) pursuant to an optional redemption of the Equipment Notes pursuant to Section 2.10 2.11 hereof shall be applied to redemption of the Equipment Notes and to all other Secured Obligations and Related Secured Obligations by applying such funds in the following order of priority: First, (a) to a)to reimburse the Mortgagee and the Note Holders for any reasonable costs or expenses incurred in connection with such redemption for which they are entitled to reimbursement, or indemnity by Owner, under the Operative Agreements and then (b) to pay any other amounts then due (except as provided in clause "Second" below) to the Mortgagee, the Note Holders and the other Indenture Indemnitees under this Trust Indenture (other than the amounts specified in clause “Second” below)Indenture, the Participation Agreement or the Equipment Notes; Second, to pay the amounts specified in clause ”Third” of Section 3.03 hereof in the order of payment set forth therein (including in the case of a redemption pursuant to Section 2.10 hereof, Prepayment Premium, if any); Third, as provided in clause ”Fourth” of Section 3.03 hereof; and Fourth, as provided in clause ”Sixth” of Section 3.03 hereof.;

Appears in 1 contract

Samples: Note Purchase Agreement (Continental Airlines Inc /De/)

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Event of Loss; Replacement; Optional Redemption. Except as otherwise provided in Section 3.03 hereof, any payments received by the Mortgagee Indenture Trustee (i) pursuant to Section 2.09 hereof with respect to the Airframe or the Airframe and one or more Engines as the result of an Event of Loss pursuant to Section 2.09 or (ii) pursuant to an optional redemption of the Equipment Notes pursuant to Section 2.10 hereof shall be applied to redemption of the Equipment Notes and to all other Secured Obligations and Related Secured Obligations then due by applying such funds in the following order of priority: First, (a) to reimburse the Mortgagee Indenture Trustee and the Note Holders for any reasonable costs or expenses incurred in connection with such redemption for which they are entitled to reimbursement, or indemnity by the Owner, under the Operative Agreements and then (b) to pay any other amounts Secured Obligations then due (except as provided in clause clauses “Second” and “Third” below) to the MortgageeIndenture Trustee, the Note Holders and the other Indenture Indemnitees under this Trust Indenture (other than the amounts specified in clause “Second” below)Indenture, the Participation Agreement or the Equipment Notes; Second, to pay the Notes (other than amounts specified in clause ”clauses “Second” and “Third” of Section 3.03 hereof in the order of payment set forth therein (including in the case of a redemption pursuant to Section 2.10 hereof, Prepayment Premium, if anybelow); Third, as provided in clause ”Fourth” of Section 3.03 hereof; and Fourth, as provided in clause ”Sixth” of Section 3.03 hereof.;

Appears in 1 contract

Samples: Trust Indenture and Security Agreement (Us Airways Inc)

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